The process of land acquisition for project implementation in accordance with Vietnamese law

Land acquisition is a common problem in daily life. Land acquisition for many different purposes, may be due to national security issues, may also be the implementation of projects, etc. Of course, the land acquisition must also follow the procedures prescribed by law. . To better understand this, today, LSX Lawfirm will give you an article about “The process of land acquisition for project implementation in accordance with Vietnamese law“, as follows:

Regulations on land acquisition

According to the provisions of the 2013 Land Law, the State recovers land in two groups: First, for defense and security purposes, and secondly, for the purpose of socio-economic development for the national interest. public.

For the purpose of socio-economic development for national and public interests, the project must be in the list of project types specified in Article 62 and with the authority: of projects of national importance decided by the National Assembly and advocated by the National Assembly. invest; projects approved by the Prime Minister, investment decisions, and projects approved by the People’s Councils of provinces with the list of projects requiring land recovery.

The list of projects that need to recovered land will submitted by the district People’s Committee to the provincial People’s Committee in the annual land use plan according to Article 36 of Circular 01/2021/TT-BTNMT (previously, Article 56 of Circular 29/2014) /TT-BTNMT) and approved by the Provincial People’s Council. Projects requiring land recovery are not required to have a project investment policy decision before making a list of projects requiring land recovery.

Process of land acquisition for project implementation

Step 1: Develop a recall plan, notify recall and carry out an investigation, survey, measurement, and review

Develop a land acquisition plan

Notice of land acquisition.

• Notice of land recovery must sent to each person whose land recovered;

Meeting to disseminate information to people in the area where land was acquired;

• Announcements in the mass media,
• Posting at the headquarters of the commune-level People’s Committee, the common living place of the residential area where the recovered land is located.

According to Point a, Clause 1, Article 69 of the Land Law 2013

“Article 69. Order and procedures for land recovery for national defense and security purposes; socio-economic development for national and public interests.

1. Formulation and implementation of plans for land recovery, investigation, survey, measurement, and tally prescribed as follows:

a) The People’s Committee of the level competent to recover land shall issue a notice of land recovery.

The notice of land recovery shall sent to each person whose land recovered, disseminated to people in the area where the land recovered, announced on the mass media, and posted up at the headquarters of the commune-level People’s Committee. , the common living place of the residential area where the recovered land located;”

In addition

Implement the plan for land acquisition, investigation, survey, measurement, and tally

Land users are responsible for coordinating with organizations in charge of compensation and ground clearance to conduct an investigation, survey, measurement, and determination of land area, statistics on houses, and other assets attached to the land. land for making plans for compensation, support, and resettlement;

Note: In case the land user does not cooperate with the survey, survey, measurement, and tally, the People’s Committee of the commune, the Vietnam Fatherland Front Committee of the commune where the land recovered must organize mobilization and persuasion for the users. Within 10 days, if it still fails to do so, the Chairman of the People’s Committee who has the power to recover the land shall issue a decision on compulsory inventory and a decision on enforcement of the decision on compulsory inventory if it still fails to do so.

According to Point b, c, d, Clause 1, Article 69 of the 2013 Land Law, we have:

“Article 69. Order and procedures for land recovery for national defense and security purposes; socio-economic development for national and public interests

1. Formulation and implementation of plans for land recovery, investigation, survey, measurement, and tally prescribed as follows:

b) Commune-level People’s Committees shall coordinate with organizations in charge of compensation and ground clearance in implementing plans on land recovery, investigation, survey, measurement, and tally;

And

c) Land users are responsible for coordinating with organizations in charge of compensation and ground clearance to carry out an investigation, survey, measurement, and determination of land area, statistics on houses, and other assets attached to the land. associated with land to make plans for compensation, support, and resettlement.

d) In case the land user in the area where the land recovered does not cooperate with the organization in charge of compensation and ground clearance in the investigation, survey, measurement, and tally, the People’s Committee shall commune, the Vietnam Fatherland Front Committee at the commune level where the recovered land is located, and organize the compensation and site clearance tasks, and mobilize and persuade land users to do so.

Within 10 days after mobilized and persuaded, if the land user still fails to cooperate with the organization in charge of compensation and ground clearance, the chairperson of the district-level People’s Committee shall issue a decision on inspection. mandatory counting. The person whose land recovered is responsible for implementing the decision on compulsory inventory. In case the person whose land recovered does not comply, the chairperson of the district-level People’s Committee shall issue a decision on enforcement of the decision on compulsory inventory and organize the enforcement according to the provisions of Article 70 of this Law.

Step 2: Formulate and evaluate compensation, support, and resettlement plans

The organization in charge of compensation and ground clearance shall make plans for compensation, support, and resettlement and coordinate with the commune-level People’s Committees of the localities where the recovered land is located.

• Organize consultations on compensation, support, and resettlement plans in the form of direct meetings with people in the area where land recovered;
• Publicly post up the plan for compensation, support, and resettlement at the headquarters of the commune-level People’s Committee, at the commonplace of the residential area where the recovered land is located.

– Note: The organization of the consultation must made in a record certified by the representative of the commune-level People’s Committee, the commune-level Vietnam Fatherland Front Committee, and the representatives of those whose land recovered. showing the number of opinions agreeing, the number of opinions disagreeing, and the number of other opinions on the compensation, support, and resettlement plan; coordinate with the commune-level People’s Committee of the locality where the recovered land is located to hold a dialogue in case there are still disagreements about the compensation, support, and resettlement plan; complete the plan and submit it to the competent authority.

Make a plan and the competent authority shall appraise the compensation, support, and resettlement plan before submitting it to the competent People’s Committee for a decision on land recovery.

Step 3: Issue a decision on land acquisition, approve and organize the implementation of the compensation, support, and resettlement plan

Make decision:

• Provincial-level People’s Committees shall issue decisions on land recovery in the case of land recovery from organizations, religious establishments, overseas Vietnamese, foreign organizations with diplomatic functions, and enterprises with investment capital. foreign investment; To recover agricultural land belonging to the public land fund of communes, wards, and townships.
• The People’s Committee of the district shall issue a decision on land acquisition in the case of land recovery from households, individuals, and communities.

Posting and disseminating decisions approving compensation, support, and resettlement plans.

• Disseminate and publicly post up the decision approving the compensation, support, and resettlement plan at the headquarters of the commune-level People’s Committee and at the common living place of the residential area where the recovered land is located;
• Send the decision on compensation, support, and resettlement to each person whose land recovered, clearly stating the compensation, support, arrangement of house or resettlement land (if any), time and location. points for payment of compensation and support; time for allocating houses or land for resettlement (if any) and time for handing over recovered land to organizations in charge of compensation and ground clearance.

In addition

Organize compensation, support, and resettlement arrangements according to the approved compensation, support, and resettlement plan.

• According to the provisions of Article 93 of the 2013 Land Law, within 30 days from the effective date of the decision on land recovery of a competent state agency, the agency or organization responsible for compensation must pay compensation and support to people whose land recovered.

• In case the agency or organization responsible for compensation is late in payment when paying compensation and support to people whose land recovered, in addition to compensation and support according to the compensation, support, and rehabilitation plan. If the person whose land recovered approved by a competent authority, the person whose land recovered also entitled to an additional payment equal to the late payment interest rate according to the provisions of the Tax Administration Law calculated on the amount of late payment and the delay time.
• In case the person whose land recovered does not receive compensation or support according to the compensation, support, and resettlement plan approved by a competent authority, the compensation and support money will deposited into the custody account of the owner. State Treasury.
• Land users who compensated when the State recovers land but not fulfilled their financial obligations on land to the State according to the provisions of the law must deduct the amount not yet fulfilled their financial obligations from money to compensated to reimburse the state budget.

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